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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 99B
Child under 12 presumed incapable of giving proper instructions
99B Child under 12 presumed incapable of giving proper instructions
(1)
There is a rebuttable presumption that a child who is less than 12 years of
age is not capable of giving proper instructions to his or her
legal representative.
(2) However, the Children's Court may, on the
application of a legal representative for a child who is less than 12 years of
age, make a declaration that the child is capable of giving proper
instructions.
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